Misuse of special turn lane question

[Logan2003Cobra]

My wife was recently cited for "Misuse of special left turn lane". There is a section of road right by the street we live on with about 2-3 city blocks between ANY business entrance or street where the special turn lane could/would be utilized.

Since there is only one lane in each direction, the street tends to back up during rush hour (shocker, I know) and people (my wife included, hence the ticket) will pull into and drive down the special turn lane about 1 block before the intersection to make a left hand turn.

I've attached the statute for which she was cited and it in no way outlines distance allowed for special turn lane access. We plan on fighting the ticket based on how the statute reads along with the fact that she was certainly beyond the halfway point where cars going in the opposite direction might need to enter the special turn lane (remember, 2-3 blocks with no street or business access).

Your thoughts?

ORS 811.346 Misuse of special left turn lane; penalty. (1) A person commits the offense of misuse of a special left turn lane if the person uses a special left turn lane for anything other than making a left turn either into or from the special left turn lane.

(2) A person who turns into a special left turn lane from an alley, driveway or other entrance to the highway that has the special left turn lane is in violation of this section if the person does anything other than stop in the lane and merge into traffic in the lane immediately to the right of the person’s vehicle.

(3) As used in ORS 811.345 and this section, a “special left turn lane” is a median lane that is marked for left turns by drivers proceeding in opposite directions.

(4) The offense described in this section, misuse of a special left turn lane, is a Class B traffic violation. [1997 c.468 §2]

For reference, ORS 811.345 is "Failure to use special turn lane"; she was not cited for it nor is it applicable.

 

[jimljr145]

The way I read this statute, you are not permitted to do anything but merge into the special turn lane and stop, until you can safely make your left turn, or, if you pull out from a driveway into the turn lane, you need to stop until you can safely merge to your right in the traffic lane. If the "Special Turn lane" and the "Left Turn Lane" for the intersection are properly marked and separated, I don't see how you would be able to fight this in court. If there is a few blocks where there are no driveways, you shouldn't be in this lane at all. That's just how I read this.

 

[Logan2003Cobra]

The way I read this statute, you are not permitted to do anything but merge into the special turn lane and stop, until you can safely make your left turn, or, if you pull out from a driveway into the turn lane, you need to stop until you can safely merge to your right in the traffic lane. If the "Special Turn lane" and the "Left Turn Lane" for the intersection are properly marked and separated, I don't see how you would be able to fight this in court. If there is a few blocks where there are no driveways, you shouldn't be in this lane at all. That's just how I read this.

You make some very good points...

I tend to read things as very matter of fact. Since it doesn't specifically say "merge into the lane and stop" or "you must merge no more than xx feet prior to your turn" (like signaling 100' before changing lanes) I figured it would be left up to the situation. i.e. during heavy traffic situations when cars fill up the intersection turn lane, people tend to back up the special turn lane.

Thanks for your input.

 

[jimljr145]

ORS 811.346 Misuse of special left turn lane; penalty. (1) A person commits the offense of misuse of a special left turn lane if the person uses a special left turn lane for anything other than making a left turn either into or from the special left turn lane.

It clearly states that you commit an offense if you use this lane for anything other than turning..

(2) A person who turns into a special left turn lane from an alley, driveway or other entrance to the highway that has the special left turn lane is in violation of this section if the person does anything other than stop in the lane and merge into traffic in the lane immediately to the right of the person’s vehicle.

Here it clearly states that you commit an offense if you do anything other than stop in the lane to merge into traffic..

I am sure there has to be some flexibility here, but, not enough to use the lane for an extension of the intersection left turn lane. How far prior to where the intersection turn lane is did your wife enter this "special turn lane", and is there a clearly marked separation? There should be two yellow lines clearly defining this turn lane from the special turn lane. If there is not, than I don't blame you for trying to fight it. Good luck.

 

[WVFord]

what kind of painted lines between your travel lane and the turn lane?

 

[jimljr145]

What kind of painted lines? Basic information that applies to pretty much anyone who operates a vehicle on the roadways..The white lines separate lanes and the shoulder for same direction traffic, yellow lines separate traffic for opposing traffic. Solid lines mean stay in the lane, dashed lines mean you can move between lanes. In this case, there would be a double yellow that merges from the roadway through traffic at about a 45 degree angle to the left, to form the turn lane at the intersection.

 

[WVFord]

I know exactly what the painted lines mean. I was wanting the poster to answer, I think it could be double yellow lines.

 

[FordSVTFan]

I know exactly what the painted lines mean. I was wanting the poster to answer, I think it could be double yellow lines.

Exactly? Wow, that is great.

 

[WVFord]

We all should know what double yellow lines mean.

 

[jimljr145]

We all should know what double yellow lines mean.

You are so right. We all "should" know what they mean.

 

[SilverSnake91]

If I'm reading your explanation correctly, your wife drove down the "special left turn lane" to get to the left turn lane at the intersection. There was most likely some type of markings noting the end of the "special left turn lane" and the start of the left turn lane. If that is the case then the violation falls under section one of your definition. Section two only applies if she entered the roadway from an alley, driveway,or other entrance to the highway and drove down it to merge with traffic to her right. I believe you are right in assuming there is no specified distance you can drive in the lane as long as you make a left turn from it. If there are no intersections, or turn lanes for 6 blocks you could drive down that lane as long as you make a left turn from it before coming to the end of the lane.